Thank you. I managed to read those, lying on my side because they were sideways on the screen!
I would also need the deeds to his property to see what the reference to the notched corner is which looks to be shaded blue. It would be worthwhile spending the 3 pounds to get his deed It may be that there is a right-of-way mentioned in his deeds for you but not yours. That is not unusual.
I am assuming also that he has built on what you marked on the earlier plan as the green path and also assuming that the reference to the notched corner is nothing to do with you then my answer is as follows:
There is no mention in your deeds about any right-of-way. However if you and your predecessors had used this right-of-way for 20 years or more, then you can claim a prescriptive easement under the Prescription Act to continue to do so.
Unfortunately, you have not done that already and the neighbour has now blocked your prospective right-of-way.
The neighbour has extended the area of his land beyond that on the title plan to include the little bit of the green pathway you marked on the earlier sketch, then he has trespassed onto the land at the back which is presumably owned by someone else.
It is a matter for them and not for you. There is little that you can do to get your right-of-way back now that the extension is complete. If it was in progress or just at foundation stage, you could have got an injunction to stop the work pending your application to register an easement to continue to use the right-of-way but, only if you and your predecessors had used it for 20 years or more.
There is another way of dealing with this however and that is to find out who owns the land which the neighbour has built on which is the little bit at the back.
If you don’t know who owns it, and to mark the area on which he has trespassed, in red. Send it to the Land Registry with land Registry form SIM
and the land registry will do a search of the index map and give you a title number for that piece of land. Once you have the title number you can use the land Registry link I sent you earlier to get the title deeds of that land and hence find out who owns it.
You then refer the trespass to the landowner and let them deal with it and if they feel they want to get an injunction to get him to remove it, they will do so. That then resolves your problem and you can then apply for your easement. They may not be bothered about this small trespass although from my experience, people are very precious even with small pieces of land which are otherwise of no use.
Just coming back to the notched corner in his deeds, if he has built on that corner, there is a possibility that you could get that part of the extension demolished only if there is a right-of-way for you over it. You would need to check the neighbours deeds.
Can I clarify anything for you?
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